Rhode Island Child Support is based upon the gross incomes of both parents of the child. Yet all children are not created equal. Children who have parents who make more gross income are apparently more deserving than children who have parents who make less income.
This begs the question as to whether child support is unfair to the payer parent (non-placement parent) or whether the Rhode Island guidelines governing how much is paid are unfair to the child or children.
For instance, assume non-placement parent Gary and his ex-wife Tina make $125,000 in gross income per year. Tina has placement of their son, Jeremy. According to the support guidelines let's say that because of the parents' aggregate gross income Gary has to pay $450 per week as his financial obligation for Jeremy.
Now assume that non-placement parent Gerry and his ex-wife Gina make $50,000 in gross income per year. Gina has placement of their son, Jeffrey. According to the child support guidelines let's say that because of the parents' aggregate gross income Gerry has to pay $125.00 per week as his financial obligation for Jeffrey.
Now, the question is whether or not gross income is a truly proper way to calculate child support and whether it works an injustice on the payer parent or the child of the parents making the lesser gross income.
Is Jeremy any more deserving of support monies than Jeffrey is?
Assume Jeremy and Jeffrey are the same age. Should it take more money to provide necessities for Jeremy than for Jeffrey?
Should Gary be required to pay much more than is necessary to provide the necessities for Jeremy simply because he happens to make more money?
Should Jeffrey be entitled to the same amount of support as any other child his age?
The standard of gross income clearly takes into account different "classes" of people, or that children of parents making more money are "entitled" to more than children of poorer parents.
If you encounter a Motion to Modify that is filed against you in the family court because you have had a substantial increase in income substantially after the birth of the child, it is a perfectly good argument to present to the court that child support was originally set to meet the child's needs but that the child's needs are being met without an adjustment in child support and it is unfair to increase child support payments now and simply create a higher standard of living that the child has not been used to and does not require.
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